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MOTOR DEALERS AND REPAIRERS ACT 2013
- As at 20 August 2024
- Act 107 of 2013
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Motor dealers
6. Motor vehicle repairers
7. Meaning of "carrying on a business"
8. Meaning of "close associate"
9. Motor vehicles exempted from Act
PART 2 - LICENCES
Division 1 - Offences
10. Definition
11. Unlicensed motor dealers
12. Unlicensed motor vehicle repairers
13. Unlicensed motor vehicle recyclers
14. No offence if partner holds licence
15. Repair work must be done by licensed motor vehicle repairers
16. Repair work must be done by holder of tradesperson's certificate
17. Holding out
18. Transfer or loan of tradesperson's certificate
19. Production of licences and certificates
Division 2 - Licences generally
20. Types of licences
20A. Specialised authority
20B. Application for licence to carry on business at premises
21. Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
21A. (Repealed)
22. Multiple licences
22A. Revocation of licences by Secretary
Division 3 - Grant and refusal of licence applications
23. Investigation of applications
24. Application fees
25. Grounds for refusal--licences other than tradespersons' certificates
26. Mandatory grounds for refusal--tradespersons' certificates
27. Criteria for being fit and proper person to hold a licence
Division 4 - Terms of licences
28-30. (Repealed)
31. Tradesperson's certificate
32. Conditions of licences
33. Duration of licence
33A. Time period for restoration of licences
34. Amendment of licences
35. Surrender of licences
36. Duplicate licences
37. Cancellation of licence
PART 3 - DISCIPLINARY PROVISIONS
Division 1 - Grounds for disciplinary action
38. Grounds for disciplinary action--all licences
39. Additional grounds for disciplinary action--motor dealers' licences, motor vehicle repairers' licences and motor vehicle recyclers' licences
39A. Members of partnerships or officers of bodies corporate
40. Additional grounds for disciplinary action--tradespersons' certificates
Division 2 - Disciplinary process
41. Show cause notice
42. Power to suspend licence when show cause notice given
43. Inquiries and investigations
44. Decision to take no further action
45. Secretary may take disciplinary action
46. Mandatory licence cancellations
47. Offences
PART 4 - OBLIGATIONS RELATING TO SALE, RECYCLING AND REPAIR OF MOTOR VEHICLES
Division 1 - Sale of motor vehicles generally
48. Motor vehicles must be sold at licensed premises
49. Failure to disclose being motor dealer
50. Representations and other Acts by employees or agents of motor dealers
51. Misrepresentations about manufacture, registration or model of motor vehicle
52. Odometer tampering
53. Devices to facilitate odometer tampering
54. Suspected odometer tampering
Division 2 - Inspection report and number-plate requirements
55. Application of Division
56. Current inspection reports
57. Sale at auction with number-plates
58. Other sales with number-plates
59. Sales of motor vehicles without number-plates attached
Division 3 - Dealers' notices
60. Application of Division
61. Definition of "demonstrator motor vehicle"
62. Dealers' notices--disclosure and other requirements
63. Sale notices for second-hand motor vehicles
64. Sale notices for demonstrator motor vehicles and other second-hand vehicles
65. Damage notice for new vehicles
66. Defences
Division 4 - Defects in motor vehicles sold by motor dealers
67. Definitions
68. Dealer guarantee for defective vehicles
69. Limitation periods
70. Variation of distance and time limits by regulation
71. Enforcement of dealer guarantee
72. Motor vehicles for which there is no dealer guarantee
73. Damage not covered by dealer guarantee
74. No dealer guarantee for second-hand motor vehicles where defect notice and inspection report attached
75. Other motor dealer not liable
76. Motor dealer liable for loss or damage during guarantee repairs
77. Effect on Australian Consumer Law remedies
Division 5 - Dealer-financed purchases of motor vehicles
78. Application of Division to dealer-financed purchases
79. Definitions
80. Cooling off period for dealer-financed purchases
81. Right to terminate contract during cooling off period
82. Waiver of cooling off period
83. Motor dealer may not dispose of trade-in during cooling off period
84. Obligations of motor dealer on termination
85. Obligations of purchaser on termination
86. Return of motor vehicles
87. Termination of tied loan contracts
Division 6 - Sales of motor vehicles on consignment
88. Definitions
89. Motor dealer must notify consignment sales
90. Trust account to be established
91. Payment of consignment sale amounts to trust account
92. Application of money in dealer's trust account
93. Protection of authorised deposit-taking institutions from liability
94. Period for accounting to consignor
95. Audit of dealer's trust account
96. Special audit of dealer's trust account
Division 7 - Obligations of motor vehicle recyclers
97. Number-plates on motor vehicles acquired by motor vehicle recyclers
98. Sale of motor vehicles by motor vehicle recyclers
99. Certain parts or accessories to be marked
Division 8 - Record keeping obligations
100. Registers must be kept by motor dealers, motor vehicle recyclers and motor vehicle repairers
Division 9 - Suspicious goods
101. Duty to report suspicious goods
102. Retention of suspicious goods
Division 10 - Motor vehicle brokers' obligations
103. Motor vehicle brokers' obligations
PART 5 - REMEDIES RELATING TO CONDUCT BY MOTOR DEALERS, MOTOR VEHICLE REPAIRERS AND MOTOR VEHICLE RECYCLERS
Division 1 - Unjust conduct by motor dealers, motor vehicle repairers and motor vehicle recyclers
104. Application of Division
105. Meaning of "unjust conduct"
106. Undertakings by licence holder
107. Register of Undertakings
108. Restraint of unjust conduct
109. Variation or discharge of restraining order
Division 2 - Disputes
110. Definitions
111. Disputes to which Division applies
112. Investigation of disputes
113. Secretary may make rectification order
114. Effect of rectification order
Division 3 - Rescission of motor vehicle sales and other orders
115. Definitions
116. Conferral of jurisdiction on courts
117. Rescission orders
118. Rescission orders after findings of guilt
119. Difficulty of restoring position no bar to rescission order
120. Effect of rescission orders on rights
121. Secretary and others have right to be heard before rescission order
Division 4 - Penalties for unlicensed motor dealers and motor vehicle recyclers
122. Definitions
123. Forfeiture of motor vehicles and proceeds by unlicensed motor dealers and motor vehicle recyclers
124. Appeals against forfeiture and proceeds orders
125. Temporary restraint on disposition of property
Division 5 - Administration of motor dealers and motor vehicle recyclers
126. Definitions
127. Appointment of administrator for holder of licence
128. Appointment of administrator for former holder of licence
129. Notification of appointment of administrator
130. Functions of administrator
131. Obstruction of administrator
132. Vacation of office by administrator
133. Revocation of appointment of administrator
134. Transfer of property under administration after revocation
135. Transfer of property under administration after vacation without revocation
136. Orders to provide for payment of administrator's costs
137. Power of Supreme Court to make certain orders
138. Person entitled to be heard
139. Improper withdrawal of money etc
140. Application to Supreme Court for directions
PART 6 - UNFAIR CONTRACTS AND UNJUST CONDUCT AFFECTING MOTOR DEALERS
141. Definitions
142. Unfair contracts
143. Unjust conduct
144. Complaints to Small Business Commissioner
145. Applications to Tribunal about unfair supply contracts and unjust conduct
146. Declarations by Tribunal
147. Orders by Tribunal if term declared unfair or conduct declared unjust
148. Operation of other laws
PART 7 - ENFORCEMENT AND OFFENCES
Division 1 - Inspection powers
149. Authorised officers
150. Purposes for which powers of authorised officer may be exercised
151. Powers of entry, inspection etc
152. Power of authorised officer to obtain information, records and evidence
153. Police entry power
154. Search warrants
155. Obstruction and other related offences
Division 2 - Proceedings for offences
156. Proceedings
157. Additional orders after findings of guilt
158. Penalty notices
Division 3 - Liability of persons involved in corporations
159. Liability of directors etc for offences by corporation--offences attracting executive liability
160. Liability of directors etc for offences by corporation--accessory to the commission of the offences
Division 4 - Evidentiary provisions
161. Evidence of licensing matters and exemptions
162. Evidence as to entries in registers
163. Evidence of carrying on business as motor dealer and advertising
PART 8 - MOTOR DEALERS AND REPAIRERS COMPENSATION FUND
164. Meaning of "failure to account" by motor dealer
165. Motor Dealers and Repairers Compensation Fund
166. Money payable to Compensation Fund
167. Money payable from Compensation Fund
168. Matters for which claims may be made
169. Making of claims
170. Determination of claims
171. Certification of loss
172. Review of claim determinations
173. Subrogation
174. Recovery of payments from directors
175. Deferral of Compensation Fund payments
PART 9 - MISCELLANEOUS
176. Administrative reviews by Civil and Administrative Tribunal
177. Register of licences
178. Disclosure of information
179. Saving of rights and remedies under other law
180. Contracting out void
181. No indemnity for motor dealers by previous owners
182. Provision of information
183. False or misleading register entries
184. Tender of documents for signature
185. Service of documents
186. Regulations
187. Delegation
188. Exclusion of personal liability
189. Act to bind Crown
190. (Repealed)
191. Review of Act
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
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